April 2018 Revisions to the TOS and DPA

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HubSpot recently updated the February 2018 version of the Customer Terms of Service (a.k.a. the TOS) and, in anticipation of the release of the General Data Protection Regulation (“GDPR”), we have updated our September 2016 version of the Data Processing Agreement (a.k.a. the DPA).

As we usually do when we update the TOS and DPA, we’ve made some drafting clean-ups, clarifications and formatting improvements.  Some of these updates were made to help provide a clearer description of the intent of the terms or to make the terms easier to review.

TOS Updates:

A change that we think you will like is in the ‘Notice of Non-Renewal’ section.  In this section, Customers that want to prevent renewal of a Full-Service Subscription (like, Marketing Basic, Pro or Enterprise, for example) can give their notice of non-renewal any time during the Subscription Term, as long as it’s provided at least 10 days before the end of the Subscription Term.  In the prior version of the TOS, you had up until 45 days before the end of the Subscription Term so we hope this additional flexibility is a welcome change.

Although not available yet, you will be happy to see that we’ve included HubSpot’s new product offering, ‘Service Hub’ in this version of our ToS.  If you are interested in receiving email updates on the release of Service Hub or generally want to learn more about the product you can visit here.  

You may notice that our ToS has gotten a great deal shorter! This is because our Product Disclosures section of the ToS now lives on it’s own page which you can find here. Please note that when we do update this page you may not receive a notice that it has been updated so we encourage you to review it from time-to-time.  For this revision, we’ve made a few updates that we think you’ll be interested in:

• For those who use The Sales Extension for Google Chrome or Outlook, we’ve included a link to a knowledge base article in the event you would like to uninstall the extension and remove any remaining files from your device.  

• In the Crowdsourced Data section, you’ll see that we’ve clarified that only company level data, and not personally identifiable information, will be collected using the Crowdsourced Data fields.

• We’ve updated the Inbox Integration section which now applies to the Subscription Service generally and not just the CRM.  Additionally, if you use the ‘shared inbox’ feature, you will see that your subscription users may have access to or visibility into the inbox.

Finally, you will see that we have made updates to the EU/EEA and Switzerland Data Processing section within the Jurisdiction Specific Terms part of the TOS.  In addition to our continued compliance with the EU-U.S. Privacy Shield Framework, we have now included reference to our compliance with the Swiss-U.S. Privacy Shield Framework.  One of the more significant changes to this section is that, for customers who want the DPA applied to their agreement, instead of requiring that it be incorporated into via language included on your Order form, now the DPA will be incorporated automatically for eligible customers.  We think this will be a welcome change for our customers who are subject to the GDPR.

If you’d like to see a copy of a prior TOS version, our archives of these are available here for your reference.

Data Processing Agreement Update:

We are happy to announce that we have updated our Data Processing Agreement in anticipation of the GDPR going live on May 25, 2018. Because the scope of GDPR impacts many more HubSpot customers than previous data protection legislation, we have worked to streamline how the DPA will be incorporated into your agreement as explained above. If you are an existing customer that previously had the DPA incorporated into your agreement, don’t worry, you won’t need  to sign a new order as the updated version of the DPA will apply.

Since we have significantly restructured the DPA and because it applies slightly differently depending on the customer, rather than go through all of the changes in detail here, we would encourage you to carefully review it.  If you are are interested in learning more about how HubSpot as a company is preparing for GDPR, I would recommend visiting our public GDPR site available here.  We hope you are as excited about these changes as we are.

Well, that’s that!  Please remember that this is just an informal, high-level summary of the most recent changes to the TOS and DPA, and that you should always make sure you’ve read and understood them before you use our software or services. Thanks!